Lawyers, Answer Questions  & Get Points Log In
Georgia Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Support and Military Law for Georgia on
Q: What documents do I need to file for garnishment for child support through the N/C VA disability compensation in GA?

Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Child Support for Georgia on
Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res

Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 20, 2023

You can't file a counterclaim in a contempt case. Having a case dismissed isn't as good as having a hearing and the Court finding you are not in contempt. Speak to an attorney about your options.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is it legal for my wife of 15 years to take our camper we live in with my belongings and leave me homeless
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 12, 2023

Is it legal? It is not illegal for a spouse to use what could be construed as marital property. We lack the facts here to determine whether it is logical or reasonable for the wife to believe she was authorized to do so.

View More Answers

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is it legal for my wife of 15 years to take our camper we live in with my belongings and leave me homeless
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 27, 2023

If neither of you have filed for divorce and been awarded certain property on a temporary basis, then each of you have access to the camper and can use it as you see fit. Only by filing for divorce and asking to be awarded the camper on a temporary basis, can the court award you with exclusive use... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law and Civil Litigation for Georgia on
Q: can my wife leave me to live somewhere else and come take our camper we lived in next day while I’m gone all my stuff

We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 12, 2023

Yes she is allowed to leave you. If the camper is marital property l, it belongs to both you so she can use it. She should not sell it or any if your belongings. You can file for divorce and ask for the property to be divided.

View More Answers

1 Answer | Asked in Family Law for Georgia on
Q: Can I get lawyer fees paid for by the other party if I win the case?

It is a domestics relation case. I have current litigation going on in California. And would like the other party to pay for my lawyer fees since she opened up a new case in her new home state.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 11, 2023

That is up to the judge, but possibly.

1 Answer | Asked in Family Law for Georgia on
Q: My ex wife who lives in Georgia opened up a civil action case against me. Myself and 3 children live in California.

We have a set hearing February 13th but have an open litigation case in California about child custody and UCCJEA. The children have been living with me since MAY 2021. I have multiple court orders from 3 different states that can prove this. What documents do I use to properly file in the Superior... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 11, 2023

You need to get an attorney to help you defend the case in Georgia.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: DFCS caseworker became friends with mother of my child and went to lunch during active investigation. Is that legal?

During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 11, 2023

These questions and concerns should be addressed to your attorney. Based upon what you have stated, from my experience I do not see a conflict. Could they have discussed the case at lunch? Certainly. Why do you believe that the caseworker is now biased against you? Again, speak with your... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: BATTERY FAMILY VIOLENCE, LEGITIMITATION, GUARDIANSHIP

THANK YOU FOR YOUR TIME. I'M GOING THROUGH A CASE FOR BATTERY FAMILY VIOLENCE THAT MY KIDS MOTHER REPORT ON ME. WE HAVEN'T BEEN TOGETHER FOR 5 YEARS NOW BUT SHE STILL LIVES IN MY HOUSE SINCE I'VE BEEN TRYING TO KEEP MY KIDS CLOSE TO HER THE MORE THAT I CAN. THIS PERSON HAS MEDICAL... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Dec 31, 2022

My FIRM advice is to hire a local attorney who practices both basic criminal defense as well a Family law. The issues are combined and the right work on the Family Law case will profoundly benefit your criminal matter. It is also a great wedge against her to force her to be more responsible. You... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My ex admitted to having a job and an business can I have my child support reduced. Griffin GA

I also have a child with autism and a pregnant wife I also have two other children with my wife can that help reduce my child support as I have to pay for everything in home including my visitation costs

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 30, 2022

It is possible that there might be a decrease. If your income has increased since the last order and / or your ex's income decreased, then the overall amount may not actually decrease. You need to consult with an attorney who can give advice based on your situation.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... Read more »

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If you are convicted of cruelty to children 2 deg. would that stop you from getting guardianship of a family member
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 29, 2022

Yes, that can prevent a guardianship.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: How long after my child is born does the father have to file for rights?

long story short my son is about 15 months old and his father has never paid child support or tried to help me out. He doesn’t visit him and the only way he sees him is if I drive him 8 hours to my home town (yes I have told him he can come visit, his reason is not being able to put miles on his... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 25, 2022

You need to ask a Kentucky lawyer. Laws are different state by state.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »

Leo Hughes
Leo Hughes
answered on Dec 24, 2022

The question is whether the bio father legitimated the child or not. It’s a court proceeding. If the child is not legitimated, the father has no legal rights over the child - no right of visitation or custody.

2 Answers | Asked in Family Law and Divorce for Georgia on
Q: Good morning. I am currently seeking to divorce my wife but I live in Georgia and she lives in Florida.

I spoke with legal counsel this morning and they informed me that I should reach out to Florida attorneys as they have no jurisdiction and can’t serve her since she lives in Florida.

Leo Hughes
Leo Hughes
answered on Dec 15, 2022

If this is an uncontested divorce without children, i.e., you are in agreement on all issues, then you could file in Georgia and she could sign a waiver of jurisdiction and venue. If it's a contested divorce or the children are in Florida, FL has jurisdiction.

View More Answers

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: My ex wife took me to court for content of child support . I got behind when I got sick with a heart problem

When I got sick I wasn't able to work . I went to child support recovery an showed them my paper work where I had to apply for disability I filed for a modification of child support was denied so still was suppose to pay $ 645 a month with no income at all . I was in am out of the hospital for... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 14, 2022

In a contempt case, you have to prove that you have exhausted all resources in order to avoid contempt. Your being able to work is not the only solution. Sometimes, people have to borrow money, take a loan from a bank, or sell assets in order to come up with the money.

1 Answer | Asked in Family Law, Child Support and Child Custody for Georgia on
Q: What can be done about the custodial parent that won't work, just wait around for child support payments?? Able-bodied.

Is there anything that can be done about the custodial parent that will not get a job? Her not working has my monthly payment sky high. She chooses to not work and get state assistance, living assistance, and child support...

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 14, 2022

No one can force her to work. You can file a modification and try to prove she is capable of earning more. Also, you have to fact in thr cost of child care if she were to work. You would have to contribute to that also.

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I am an unmarried mother of a special needs child. There is no legitimization order from father. Can I move out of state

He was diagnosed bipolar and he's a compulsive liar. He refuses to go to counseling and take his prescribed medicine. I don't want to co parent because he is unstable and I want a better life for my child. My child is not happy around him and interferes with her progress.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 13, 2022

We here on Justia cannot guide and advise parents to abscond with their children to the detriment of the other parent. Moreover, no court could care less whether a parent is mentally debilitated because the court can order treatment as a component of reunification.

As for the answer to this...
Read more »

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: In terms of spousal support or maintenance, is there a legal requirement that the homemaker be raising biological child?

In GA, I was told that spousal support and other financial responsibilities are not on the table during divorce when the married couple has no biological children together.

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Dec 3, 2022

What you were told is not true. Spousal support is not dependent on children being born and raised during the marriage. It is the spouse's need and the other spouse's ability to pay, among other factors.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Elder Law for Georgia on
Q: I am a widow, 84 yrs. old and I want to know if there is someway I can disown an adopted daughter, 56 yrs. of age.

She is currently incarcerated for elder abuse and several other charges, none of which have been waived. I can reveal more history as needed to receive an answer. I am writing this myself with no prompting from another person. I am totally independent, pay my own mortgage, bills, etcetera.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 3, 2022

You aren't required to talk to her or have any dealings with her. You can also write a will or estate plan excluding her if you wish.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.